LEADER 06150nam 22007215 450 001 9910366572503321 005 20200629200144.0 010 $a94-6265-359-3 024 7 $a10.1007/978-94-6265-359-7 035 $a(CKB)4100000009940195 035 $a(MiAaPQ)EBC6112381 035 $a(DE-He213)978-94-6265-359-7 035 $a(PPN)24282076X 035 $a(EXLCZ)994100000009940195 100 $a20191202d2020 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aEuropean Yearbook of Constitutional Law 2019 $eJudicial Power: Safeguards and Limits in a Democratic Society /$fedited by Ernst Hirsch Ballin, Gerhard van der Schyff, Maarten Stremler 205 $a1st ed. 2020. 210 1$aThe Hague :$cT.M.C. Asser Press :$cImprint: T.M.C. Asser Press,$d2020. 215 $a1 online resource (338 pages) 225 1 $aEuropean Yearbook of Constitutional Law,$x2405-6111 ;$v1 311 $a94-6265-358-5 320 $aIncludes bibliographical references. 327 $aChapter 1. Introduction: Safeguards and Limits of Judicial Power -- Chapter 2. The Independence of the Belgian Constitutional Court -- Chapter 3. Between Judicial Independence and Democratic Accountability: The Function and Legitimacy of the German Federal Constitutional Court -- Chapter 4. Italy and its Constitutional Court -- Chapter 5. Bipolar Constitutionalism in The Netherlands and its Consequences for the Independence and Accountability of the Judiciary -- Chapter 6. ?? destroy all sense of dependence?: On the Selection and Independence of the Judiciary in Norway -- Chapter 7. Judicial Independence and Accountability in the British Constitution -- Chapter 8. Independence and Accountability of the South African Judiciary -- Chapter 9. Judicial Independence and Accountability in the Council of Europe and the European Court of Human Rights -- Chapter 10. Accountability through Transparency and the Role of the Court of Justice of the European Union -- Chapter 11. The Last Soldier Standing? Courts versus Politicians and the Rule of Law Crisis in the New Member States of the EU -- Chapter 12. The Last Soldier Standing? Courts versus Politicians and the Rule of Law Crisis in the New Member States of the EU -- Chapter 13. The Strasbourg Court: Judges Without Borders -- Chapter 14. The Strasbourg Court: Acting Within its Limits. 330 $aThe European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ?safeguards? and ?limits? indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary?s independence requires a detailed and precise analysis of the judiciary?s constitutional safeguards and limits. This book offers a step in that direction. 410 0$aEuropean Yearbook of Constitutional Law,$x2405-6111 ;$v1 606 $aPrivate international law 606 $aConflict of laws 606 $aConstitutional law 606 $aHuman rights 606 $aLaw?Europe 606 $aAdministrative law 606 $aPrivate International Law, International & Foreign Law, Comparative Law $3https://scigraph.springernature.com/ontologies/product-market-codes/R14002 606 $aConstitutional Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R17028 606 $aHuman Rights$3https://scigraph.springernature.com/ontologies/product-market-codes/R19020 606 $aEuropean Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R20000 606 $aAdministrative Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R17036 615 0$aPrivate international law. 615 0$aConflict of laws. 615 0$aConstitutional law. 615 0$aHuman rights. 615 0$aLaw?Europe. 615 0$aAdministrative law. 615 14$aPrivate International Law, International & Foreign Law, Comparative Law . 615 24$aConstitutional Law. 615 24$aHuman Rights. 615 24$aEuropean Law. 615 24$aAdministrative Law. 676 $a342.24 702 $aHirsch Ballin$b Ernst$4edt$4http://id.loc.gov/vocabulary/relators/edt 702 $avan der Schyff$b Gerhard$4edt$4http://id.loc.gov/vocabulary/relators/edt 702 $aStremler$b Maarten$4edt$4http://id.loc.gov/vocabulary/relators/edt 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910366572503321 996 $aEuropean Yearbook of Constitutional Law 2019$91756654 997 $aUNINA